SALEM – The trial of Joseph Graciale, III, 30, of Lynn, charged with shooting a man in 2008, was dropped by the commonwealth this morning after the key government witness Yared Rios refused to testify, citing his fifth amendment privilege.
“This was the only person who we had that saw the crime take place, said Assistant District Attorney Gerald P. Shea. while adding he was “the main witness.”
“Feels good to be a free man,” said Graciale outside the courthouse as he walked to meet his numerous family supporters.
“I was innocent,” he said.
Graciale, 30, is charged with first-degree murder in connection with the death of Raphael Andino, of Lynn, on June 8, 2008. Andino, 43, of 9 Surfside Road, was shot in the head at approximately 1 a.m. as he walked with a friend through the parking lot on Johnson Street, near the Lynn City Hall lot.
Investigators believe Graciale had contacted Andino to sell him some marijuana. But when they met to negotiate the deal, an argument erupted into a pushing match and the deal was called off.Later, they agreed to work out the deal and scheduled a meeting, but when Graciale arrived at the lot by car, he got out, walked around to its trunk and apparently fired three or four shots from the back of a car, striking Andino in the head, witnesses have said.
Andino was taken to Beth Israel Hospital in Boston where he died from one single bullet that entered and exited his head.
Authorities never recovered the gun used in the shooting.For the complete story, buy Tuesday?s Daily Item or check back here, www.itemlive.com.
